But it is implied that
there are certain intervening circumstances which supposed, one likewise
supposes the reverence and fear of the subjects towards the
commonwealth, and which abstracted, one makes abstraction likewise of
that fear and reverence, and therewith of the commonwealth itself. The
commonwealth, then, to maintain its independence, is bound to preserve
the causes of fear and reverence, otherwise it ceases to be a
commonwealth. For the person or persons that hold dominion can no more
combine with the keeping up of majesty the running with harlots drunk or
naked about the streets, or the performances of a stage-player, or the
open violation or contempt of laws passed by themselves, than they can
combine existence with non-existence. But to proceed to slay and rob
subjects, ravish maidens, and the like, turns fear into indignation and
the civil state into a state of enmity.
We see, then, in what sense we may say, that a commonwealth is bound by
laws and can do wrong. But if by "law" we understand civil law, and by
"wrong" that which, by civil law, is forbidden to be done, that is, if
these words be taken in their proper sense, we cannot at all say that a
commonwealth is bound by laws or can do wrong. For the maxims and
motives of fear and reverence which a commonwealth is bound to observe
in its own interest, pertain not to civil jurisprudence, but to the law
of Nature, since they cannot be vindicated by the civil law, but by the
law of war. And a commonwealth is bound by them in no other sense than
that in which in the state of Nature a man is bound to take heed that
he preserve his independence and be not his own enemy, lest he should
destroy himself; and in this taking heed lies not the subjection, but
the liberty of human nature. But civil jurisprudence depends on the mere
decree of the commonwealth, which is not bound to please any but itself,
nor to hold anything to be good or bad, but what it judges to be such
for itself. And, accordingly, it has not merely the right to avenge
itself, or to lay down and interpret laws, but also to abolish the same,
and to pardon any guilty person out of the fullness of its power.
Public-domain text, read in full here on John Shaqi.
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